Dunes City City Zoning Code
WETLAND OVERLAY
ZONE
§ 155.145 PURPOSE.
The purpose of the Wetland Overlay Zone is to protect the value of significant wetlands (defined in § 155.147).
(Ord. 259, passed - -)
§ 155.146 GOAL 5 REQUIREMENTS.
(A) The state-wide Planning Goal 5 requires cities to protect the significant wetlands within their boundaries, and also defines alternative rules that may be applied to satisfy the goal. The city has adopted the standard Goal 5 process, as defined by O.A.R. 660-023-0020(1).
(B) Although Goal 5 requires program decisions for all wetlands that meet the significance criteria, the city shall retain the non-significant wetlands on its local wetlands inventory (LWI) map in order to alert property owners and others that the State Department of State Lands and the U.S. Army Corps of Engineers fill permits may still be required for actions that affect these wetlands.
(Ord. 259, passed - -)
§ 155.147 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JURISDICTIONAL DELINEATION. A delineation of the wetland boundary that is approved by the State Department of State Lands (DSL). A DELINEATION is a precise map and documentation of actual wetland boundaries on a parcel, whereas a determination may only be a rough map or a presence/absence finding.
LOCALLY SIGNIFICANT WETLAND. A wetland that is determined to be significant under the criteria of O.A.R. 141-086-0300 et seq. These criteria include those wetlands that score a high rating for fish or wildlife habitat, hydrologic control, or water quality improvement functions.
LOCAL WETLANDS INVENTORY (LWI). Maps and reports adopted by the city entitled “Dunes City Local Wetlands Inventory and Riparian Inventory (DCLWIRI)” and any subsequent revisions as approved by the State Department of State Lands. The LWI is a comprehensive survey of all wetlands one-half acre or greater in size.
STATE FRESHWATER WETLAND ASSESSMENT METHODOLOGY (OFWAM). A wetland function and quality assessment methodology developed by the State Department of State Lands.
WETLAND. An area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and which, under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions.
WETLAND PROTECTION AREA. An area subject to the provisions of this chapter that includes all wetlands determined to be locally significant.
WETLAND RESOURCE MAP. The city-adopted map, which incorporates the DSL-approved LWI map and identifies locally significant wetlands.
(Ord. 259, passed - -)
Statutory reference:
Specifications for wetland delineation or determination reports, see O.A.R. 141-090-0005 et seq.
§ 155.148 DETERMINATION OF SIGNIFICANT WETLANDS.
(A) The city determines which wetlands are locally significant in accordance with rules adopted by the State Department of State Lands. Locally significant wetlands are identified on the city wetland resource map.
(B) The city adopts the findings of the LWI. Any revision to the LWI shall map any wetlands boundary changes or new wetland boundaries to an accuracy of at least 25 feet. The city shall require that maps or data sets be provided for the LWI that determine wetland boundaries within 25 feet. These maps or data sets shall comprise the city wetland resource map.
(C) Any change to the DCLWIRI shall require a professional wetland scientist to provide a finding of wetland significance for any new or changed wetland.
(Ord. 259, passed - -)
§ 155.149 PROTECTION OF WETLAND AREA.
(A) Wetland protection areas consist of locally significant wetlands only.
(B) Unless otherwise stated, the city shall apply the provisions of this section in conjunction and concurrently with the requirements of any development permit being sought by an applicant.
(C) (1) No delineation is required if the proposed development is located 50 feet or more from a significant wetland identified on the LWI map or a determination, but not an approved delineation.
(2) This is not a buffer or setback, it is an allowance for the LWI map inaccuracy when the expense of a precise delineation may not be warranted. (Note that compliance with state and federal wetland regulations for all wetlands, mapped or unmapped, remains the legal responsibility of the landowner.)
(D) Applications for plan approvals, development permits, building permits, and plans for proposed public facilities on parcels containing a wetland protection area, or a portion thereof, that are within 50 feet of the wetland boundary, shall include the following:
(1) (a) A delineation of the wetland boundary completed by a professional wetland scientist, or similar expert, qualified to delineate wetlands in accordance with the State Department of State Lands rules.
(b) If the proposed project is designed to avoid wetlands, a wetland determination report may be provided in place of the delineation.
(2) A scale drawing that clearly depicts the wetland boundary, the surface water source, existing trees and vegetation, property boundaries, and proposed site alterations including proposed excavation, fill, structures, and paved areas.
(E) The city shall report all development in wetlands, identified in the city’s local wetland inventory and riparian inventory to the State Department of State Lands.
(F) The requirements of the city’s erosion control regulations shall be followed during construction.
(Ord. 259, passed - -)
Cross-reference:
§ 155.150 ADDITIONAL STANDARDS FOR REVIEW.
In considering a proposal under § 155.149(D), the city shall base its decision on the following criteria in addition to the required criteria for any other permit or approval that is being sought. Approvals shall be based on compliance with all of the following criteria:
(A) Except as otherwise allowed in § 155.151, the proposed project does not include any grading, excavation, or filling of a wetland or reduction of wetland area on a parcel that has been identified as containing a wetland.
(B) Except as otherwise allowed in § 155.151, the proposed project will not include any development or filling of land within 50 feet of the boundary of a wetland that has been identified only on the LWI map or by a determination, but not an approved, jurisdictional delineation.
(Ord. 259, passed - -)
§ 155.151 ALLOWED ACTIVITIES WITHIN WETLAND PROTECTION AREA.
(A) (1) Any use, sign, or structure, and the maintenance thereof, that was lawfully established but that no longer conforms to the provisions of § 155.149 is allowed to continue within a wetland protection area.
(2) Such use, sign, or structure may continue at a similar level and manner as existed on the date of adoption.
(3) The maintenance and alteration of pre-existing ornamental landscaping is permitted within a wetland protection area so long as no additional native vegetation is disturbed. The provisions of this division (A) shall not be affected by any change in ownership of properties containing a wetland protection area.
(B) The following activities, and maintenance thereof, are allowed within a wetland protection area, provided that any applicable state or federal permits are secured:
(1) Wetland restoration and rehabilitation activities, including native vegetation;
(2) Cutting and removal of trees that pose a hazard to life or property due to threat of falling;
(3) Removal of non-native vegetation, if replaced with native plant species at similar coverage or density, so that natives are dominant;
(4) Maintenance of existing drainage ways, ditches, or other structures, to maintain flow at original design capacity and mitigate upstream flooding, provided that management practices avoid sedimentation and impact to native vegetation, and any spoils are placed in uplands;
(5) Replacement of a permanent, legal, non-conforming structure in existence on the date of adoption of this chapter with a structure on the same building footprint, if it does not disturb additional area, and in accordance with the provisions of this subchapter;
(6) Expansion of a permanent, legal, non-conforming structure in existence on the date of adoption of this chapter, if the expansion area is not within and does not disturb the wetland protection area, and in accordance with the provisions of this subchapter;
(7) Emergency stream bank stabilization to remedy immediate threats to life or property; and
(8) Maintenance and repair of existing roads and streets, including repaving and repair of existing bridges and culverts, provided that such practices avoid sedimentation and other discharges into the wetland or waterway.
(Ord. 259, passed - -)
§ 155.152 PROHIBITED ACTIVITIES WITHIN WETLAND PROTECTION AREA.
The following activities are prohibited within significant wetland areas:
(A) Placement of structures or impervious surfaces, including fences, decks, and the like;
(B) Excavation, grading, fill, stream alteration or diversion, or removal of native vegetation, except for perimeter mowing for fire protection purposes or the installation of a water line to a lake;
(C) Expansion of pre-existing, non-native ornamental vegetation, such as lawns;
(D) Dumping, piling, or disposal of refuse, yard debris, or other material; and
(E) Any use not specifically listed in § 155.151.
(Ord. 259, passed - -)
§ 155.153 NOTIFICATION AND COORDINATION WITH STATE AGENCIES.
(A) The city shall notify the State Department of State Lands in writing of all applications to the city for development activities that may affect any wetland identified in the DCLWIRI.
(B) This applies for both significant and non-significant wetlands.
(C) The Department provides a wetland land use notification form for this purpose.
(Ord. 259, passed - -)
§ 155.154 MAP ERROR CORRECTIONS AND VARIANCES.
(A) The city shall consider applications for map error corrections and hardship variances to the wetland protection area provisions.
(B) Using a Type I process, the city will correct the location of the wetland protection overlay zone when the applicant has shown that a mapping error has occurred and the error has been verified by the Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update and replace DCLWIRI mapping. No formal variance application or Comprehensive Plan amendment is
needed for map corrections where DSL-approved delineations are provided.
(C) The Type III process and the procedures of §§ 155.465 through 155.470 shall be followed for consideration of a hardship variance, except that the variance criteria of this division (C) shall apply in lieu of the variance criteria at §§ 155.465 through 155.470. The City Council will grant a variance to the provisions of this section only when the applicant has shown that all of the following conditions exist:
(1) Through application of the Wetland Overlay Zone protections, the property has been rendered not buildable;
(2) The applicant has exhausted all other options available under this subchapter relieve the hardship;
(3) The proposed variance is the minimum variance necessary to afford relief;
(4) No significant adverse impacts on water quality, erosion, or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; and
(5) Loss of vegetative cover shall be minimized.
(Ord. 259, passed - -)